Estate planning in Asheville
Your home, your wishes, and a plan your family can follow.
Hartwell Estate Law helps you put your wishes in writing, in plain words, so the people you love aren't left guessing.
Five things we can help you put in order
You may need one of these or all of them. If you aren't sure, that's what the first talk is for.
Wills
Say who gets what, who looks after young children, and who you trust to carry it out.
Trusts
A way to hold your home and savings for your family. We'll tell you plainly whether you need one.
Powers of attorney
Choose who can pay your bills and handle your affairs if you can't do it yourself.
Healthcare directives
Write down the care you want, and name who speaks for you if you can't speak for yourself.
Probate help
When someone has died, what the court needs from the family and in what order.
Not sure where to start?
Will, trust, done
Getting this finished is simpler than most people fear. Here's how it goes.
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Will
We sit down and talk about your home, your savings, your keepsakes and your people. Then we write it down.
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Trust
Not everyone needs one. We explain what a trust could do for you, and set one up only if it fits.
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Done
You sign, then keep your papers somewhere safe and tell your family where to find them.
What you can ask for
Plain words
Stop us at any legal term and ask what it means.
Time to read
Ask to see everything before you sign, with time to read it at home.
Bring someone along
A son, a daughter or a friend is welcome at the first talk, if that makes it easier.
Ask about cost
Ask what the work will cost at your first talk, so you can decide what's right for you.
What happens to your house?
It's often the first thing people want to know. These are general answers, and the rules vary by state, so we'll talk through yours in person.
What happens to my house if I die without a will?
Generally, your state's law decides who inherits it, and a court may need to be involved. That may not be who you would have chosen. A will lets you decide.
My spouse is on the deed. Does the house just pass to them?
Often, but it depends on the wording of your deed and your state's rules. Some kinds of shared ownership pass to the other owner automatically, and some don't. Bring a copy of your deed and we'll read it with you.
Can I leave the house to my children and keep living in it?
Yes, usually. A will only takes effect after you die, so the house stays yours until then. Giving it away while you're alive is different, and it can affect taxes and how you pay for care later. Please ask before you sign anything over.
If I put my house in a trust, do I lose it?
Not with the most common kind, called a revocable trust. You generally keep living there, keep control, and can change your mind. Other kinds of trust work differently, so it's worth asking which one is being suggested and why.
What if there's still a mortgage?
The loan usually doesn't go away. Whoever inherits the house generally needs to keep up the payments, refinance or sell. Planning for this now can spare your family a hard surprise.
You've been meaning to get to this. Let's start with a talk.
Tell us a little about what's on your mind, and we'll find a time that suits you.